Vaughn would outlaw tobacco over 25 years

Journal Record, The (Oklahoma City), Jan 13, 2000 by Marie Price The Journal Record

Oklahomans would have 25 years to kick the tobacco habit before cigarettes, cigars and other forms of tobacco become illegal under a bill filed Wednesday by Rep. Ray Vaughn, R-Edmond.

"We're basically outlawing it in Oklahoma," he said.

House Bill 2097 would designate tobacco as a controlled dangerous substance beginning Jan. 1, 2025. Distribution or sale would be a misdemeanor punishable by a jail term of up to one year and a fine of not more than $1,000.

"We can no longer dwell in the realm of misinformation created and fostered for decades by the tobacco industry," said Vaughn. "We must, as a society, accept tobacco for what it is -- a highly additive recreational drug that kills more than 6,500 Oklahomans every year."

The lawmaker said he came up with the 25-year enactment timeline in an effort to make the transition a bit easier.

"To put it simply, tobacco kills," Vaughn said. "It's irresponsible for us, as the elected leaders of this state, to allow the continued manufacture, sale and consumption of an addictive drug which, if used as intended by the manufacturer, will lead to the death or disability of its consumer."

Asked why he set the tobacco-sales ban 25 years into the future, Vaughn said he wanted to give the state time to prepare for the loss of sales and tobacco tax revenue. From the tobacco tax alone, the state earned $44.7 million in the fiscal year ended June 30, with $41.1 million projected for this year.

Vaughn said he also realizes that many businesses rely upon tobacco sales for part of their income and need time to revamp their customer focus.

Asked whether the 25-year payout of Oklahoma's $2.5 billion from the national tobacco settlement played a part in the 25-year effective date, Vaughn said that payments actually continue perpetually as long as there are any tobacco sales in the United States.

"We're going to give ourselves time to wean ourselves from this product financially," he said. "We're going to give our citizens time to wean themselves from it physically."

The ban cannot impact sales at tribal smoke shops. However, Vaughn said that he has found the tribes willing to work with him on restricting tobacco access and enacting safeguards.

"So, I would hope they would follow suit," he said.

Oklahoma would be the first state to completely prohibit tobacco sales if Vaughn's bill becomes law.

"No other state has done this," he said. "I hope we can be a leader for all the other states in this nation."

Asked to gauge the bill's chances for passage, Vaughn said he realizes it will be tough. He said he expects it to be assigned to the House Commerce, Industry and Labor Committee, where it may face fierce scrutiny.

Vaughn also said he does not anticipate a tobacco ban to result in the same bootlegging and other illegalities that resulted from Prohibition of alcohol sales in the early part of the 20th Century. He said he expects the law and the state's resolve to enforce it to preclude such a result.

"To me, this is an issue of life and death," he said, adding that smoking cuts an average of 11 years of a smoker's life span.

Asked whether he had considered putting the ban to a vote of the people, Vaughn said that if the Legislature does not "step up" and approve it, he may consider an initiative effort.

Another Vaughn measure, House Bill 2096, would ban distribution of tobacco samples. Current law only prohibits their distribution to minors or within 300 feet of a school or other facility used primarily by minors.

"All I'm trying to do is make it tougher for the tobacco companies to get people addicted to tobacco," Vaughn said. "It's time we got serious about this problem."

Fines for violations would be the same as current law, ranging from $100 for a first offense to $300 for a third or subsequent offense. This bill would go into effect on Nov. 1.

Vaughn said that he became aware of the distribution of tobacco samples last September when he was in Bricktown with former baseball star Joe Garagiola, now a sports commentator who was in Oklahoma to back anti-tobacco programs. He said that Garagiola picked up and handed to him an empty tin of chewing tobacco that carried the legend: "Free Sample: Not Available to Minors." He said he was surprised to find that Oklahoma permitted giving away free tobacco samples. They occur mainly at sporting events and rock concerts, Vaughn said.

"In my way of thinking, it's probably not a good public policy," he said.